Illinois Supreme Court to determine if man was wrongfully convicted

[September 13, 2023]  By Andrew Hensel | The Center Square

(The Center Square) – The Illinois Supreme Court on Tuesday heard from a man's lawyers who said their client was wrongfully detained in prison for 25 years due to a confession that was given after being tortured.

Darrell Fair has been incarcerated since 1998 after being convicted of a fatal shooting. The defendant alleges that police officer Jon Burge beat a confession out of him after 30 hours of interrogation.

Fair claims he was denied his asthma inhaler and access to a lawyer, was physically kicked and was not allowed to sleep during his interrogation.

Burge was later fired from the Chicago Police Department in 1993 after a series of allegations of torture-induced confessions of criminal suspects.

Fair's case made its way to Illinois' highest court on Tuesday, where Fair's lawyer, Debra Loevy, said the evidence shows no involvement from her client.

"It [his confession] was made after 30 hours plus of interrogation after two gun threats, after former detective McDermott's violent assault on Mr. Fair's knee, after a denial of asthma medicine and food, the right to council despite repeated requests," Loevy said. "No witness in any proceeding has ever denied any of these allegations or the outcry about them."

Loevy argued that when looking at the facts in the case, it is clear that what happened to Fair was in violation of the state's Torture Act.

Debra Loevy, attorney for Darrell Fair, before the Illinois Supreme Court Tuesday - BlueRoomStream

"He knew his will was overborn. He was coerced," Loevy said. "To try and separate out which of those different things is torture, I think, defies the purpose of what this act is."

The state argued that the plaintiffs were arguing two different viewpoints.

"The question is, what are we looking at the totality of circumstances to determine? Are we looking at all the circumstances to determine was this statement voluntary? Or are we looking at all of the circumstances to determine was this statement torture," said Illinois Assistant Attorney General Josh Schneider.

Schneider said the definition of torture does not meet the standards of Fair's claims.

"The difference between torture and coercion is one of severity," Schneider said. "A person can be coerced by being threatened."

Fair hopes to have his conviction reversed and have his statements omitted.